defendant must show defense in Washington

42 Washington opinions name it 2 courts 1982–2026 7 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
State v. Linvillegreen wash · 2018 · cited in 3 Washington opinions naming this issue, 2018–2018 2 sentences 2018State v. Linville, ___Wn.2d___, 423 P.3d 842, 847 (2018). 2018State v. Linville, ___Wn.2d___, 423 P.3d 842, 847 (2018). 10 No. 50112-1-II Because both prongs must be met, a failure to show either prong will end our inquiry.	3	3
Strickland v. Washingtongreen scotus · 1984 · cited in 14 Washington opinions naming this issue, 1994–2025 2 sentences 2020However, the defendant must show an error “had some conceivable effect on the outcome of the proceeding.” Strickland, 466 U.S. at 693 . “[N]ot every error that conceivably could have influenced the outcome undermines the reliability of the result of the proceeding.” Id. 2020However, the defendant must show an error “had some conceivable effect on the outcome of the proceeding.” Strickland, 466 U.S. at 693 . “[N]ot every error that conceivably could have influenced the outcome undermines the reliability of the result of the proceeding.” Id.	2	14
State v. Thomasgreen wash · 1987 · cited in 1 Washington opinions naming this issue, 1994–1994 2 sentences 1994See State v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987); Strickland v. Washington, 466 U.S. 668 , 80 L. 1994See State v. Thomas, 109 Wn.2d 222, 225-26 , 743 P.2d 816 (1987); Strickland v. Washington, 466 U.S. 668 , 80 L.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
State v. Grier green wash · 2011 2 sentences 2021Grier, 171 Wn.2d at 32-33 . 2016To prevail on an ineffective assistance of counsel claim, the defendant must show that defense counsel’s representation was deficient and the deficient representation prejudiced the defendant. 171 Wn.2d at 32-33 .	11	2014–2021
State v. McFarland green wash · 1995 2 sentences 2017State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 20 No. 48119-7-II The defendant must show that defense counsel’s representation was deficient and that defense counsel’s deficient representation prejudiced him. 2017State v. McFarland, 127 Wn.2d 322, 335 , 899 P.2d 1251 (1995). 20 No. 48119-7-II The defendant must show that defense counsel’s representation was deficient and that defense counsel’s deficient representation prejudiced him.	8	2011–2017
State v. Vazquez green wash · 2021 2 sentences 2026“To establish deficient performance, a defendant must show that defense counsel’s actions ‘fell below an objective standard of reasonableness based on consideration of all the circumstances.’” Bertrand, 3 Wn.3d at 130 (quoting State v. Vazquez, 198 Wn.2d 239 , 247-48, 494 P.3d 424 (2021). 2026State v. Vazquez, 198 Wn.2d 239 , 248, 494 P.3d 424 (2021).	3	2024–2026
State v. Reichenbach green wash · 2004 2 sentences 2025State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004); see also Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. 2018State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004).	3	2016–2025
State v. Reichenbach green wash · 2004 2 sentences 2025State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004); see also Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052 , 80 L. 2018State v. Reichenbach, 153 Wn.2d 126, 130 , 101 P.3d 80 (2004).	3	2016–2025
State v. Kirkman green wash · 2007 2 sentences 2014“Manifest” requires a showing of actual prejudice; that is, the defendant must show the error “ ‘had practical and identifiable consequences in the trial of the case.’ ” Id. at 99 (internal quotation marks omitted) (quoting Kirkman, 159 Wn.2d at 925 ). ¶55 Our Rules of Appellate Procedure properly limit the types of constitutional claims that may be raised for the first time on appeal. 2014"Manifest" requires a showing of actual prejudice; that is, the defendant must show the error '"had practical and identifiable consequences in the trial of the case."' !d. at 99 (internal quotation marks omitted) (quoting State v. Kirkman, 159 Wn.2d 918, 925 , 155 P.3d 125 (2007)).	3	2014–2024
State v. Kirkman green wash · 2007 2 sentences 2024State v. Kirkman, 159 Wn.2d 918, 926-27 , 155 P.3d 125 (2007). 2014"Manifest" requires a showing of actual prejudice; that is, the defendant must show the error '"had practical and identifiable consequences in the trial of the case."' !d. at 99 (internal quotation marks omitted) (quoting State v. Kirkman, 159 Wn.2d 918, 925 , 155 P.3d 125 (2007)).	2	2014–2024
State v. Jones green wash · 2015 2 sentences 2016Jones, 183 Wn.2d at 339 (quoting State v. Benn, 120 Wn.2d 631, 663 , 845 P.2d 289 (1993)). 2016Jones, 183 Wn.2d at 339 (quoting State v. Benn, 120 Wn.2d 631, 663 , 845 P.2d 289 (1993)).	2	2016–2016
State v. Benn green wash · 1993 2 sentences 2016Jones, 183 Wn.2d at 339 (quoting State v. Benn, 120 Wn.2d 631, 663 , 845 P.2d 289 (1993)). 2016Jones, 183 Wn.2d at 339 (quoting State v. Benn, 120 Wn.2d 631, 663 , 845 P.2d 289 (1993)).	2	2016–2016
State v. Bertrand green wash · 2024 1 sentence 2026“To establish deficient performance, a defendant must show that defense counsel’s actions ‘fell below an objective standard of reasonableness based on consideration of all the circumstances.’” Bertrand, 3 Wn.3d at 130 (quoting State v. Vazquez, 198 Wn.2d 239 , 247-48, 494 P.3d 424 (2021).	1	2026–2026
Hill v. United States green scotus · 1962 2 sentences 2019Restraint of Cook, 114 Wn.2d 802, 810-12 , 792 P.2d 506 (1990) (quoting Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L. 2019Restraint of Cook, 114 Wn.2d 802, 810-12 , 792 P.2d 506 (1990) (quoting Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L.	1	2019–2019
In Re the Personal Restraint of Cook green wash · 1990 2 sentences 2019Restraint of Cook, 114 Wn.2d 802, 810-12 , 792 P.2d 506 (1990) (quoting Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L. 2019Restraint of Cook, 114 Wn.2d 802, 810-12 , 792 P.2d 506 (1990) (quoting Hill v. United States, 368 U.S. 424, 428 , 82 S. Ct. 468 , 7 L.	1	2019–2019
State v. Hicks green wash · 2008 1 sentence 2018State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008) (acknowledging that Washington has adopted the standards from Strickland v. Washington, 466 U.S. 668 , 14 No. 34478-9-III State v. Gonzalez-Hernandez 104 S. Ct. 2052 , 80 L.	1	2018–2018
State v. Hicks green wash · 2008 1 sentence 2018State v. Hicks, 163 Wn.2d 477, 486 , 181 P.3d 831 (2008) (acknowledging that Washington has adopted the standards from Strickland v. Washington, 466 U.S. 668 , 14 No. 34478-9-III State v. Gonzalez-Hernandez 104 S. Ct. 2052 , 80 L.	1	2018–2018
State v. Grier green wash · 2011 1 sentence 2017State v. Grier, 171 Wn.2d 17, 32-33 , 246 P.3d 1260 (2011).	1	2017–2017
State v. Hummel green washctapp · 2012 1 sentence 2016App. 749, 758 , 266 P.3d 269 (2012). ¶19 To demonstrate ineffective assistance of counsel, a defendant must show that defense counsel’s representation was deficient, i.e., it fell below an objective standard of reasonableness based on consideration of all the circumstances; and that the deficient representation prejudiced the defendant, i.e., there is a reasonable probability that except for counsel’s unprofessional errors, the result of the proceeding would have been different.	1	2016–2016
State v. Thompson green washctapp · 2012 1 sentence 2016“Where the claim of ineffective assistance is based upon counsel’s failure to request a particular jury instruction, the defendant must show he was entitled to the instruction, counsel’s performance was deficient in failing to request it, and the failure to request the instruction caused prejudice.” State v. Thompson, 169 Wn.	1	2016–2016
State v. Wieman green washctapp · 1978 1 sentence 1982State v. Christensen, 75 Wn.2d 678 , 453 P.2d 644 (1969); State v. Wieman, 19 Wn.	1	1982–1982
State v. Christensen green wash · 1969 2 sentences 1982State v. Christensen, 75 Wn.2d 678 , 453 P.2d 644 (1969); State v. Wieman, 19 Wn. 1982State v. Christensen, 75 Wn.2d 678 , 453 P.2d 644 (1969); State v. Wieman, 19 Wn.	1	1982–1982

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (24) WA § Wash. Rev. Code § 9.94A.535 (8) WA § Wash. Rev. Code § 9.94A.585 (8) WA § Wash. Rev. Code § 9.94A.589 (8) WA § Wash. Rev. Code § 9.94A.030 (5) WA § Wash. Rev. Code § 9A.36.011 (5) WA § Wash. Rev. Code § 9.94A.525 (4) WA § Wash. Rev. Code § 9A.36.045 (4) WA § Wash. Rev. Code § 10.73.160 (3) WA § Wash. Rev. Code § 43.43.7541 (3) WA § Wash. Rev. Code § 69.50.4013 (3) WA § Wash. Rev. Code § 9.94A.703 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 42 (1982–2026) IL 39 (1997–2026) SC 32 (1998–2026) MI 28 (2015–2026) CA 13 (1889–2026) OH 12 (1994–2026) NC 11 (1949–2026) IN 9 (1993–2008) NM 8 (2008–2026) NJ 7 (2009–2021) AZ 7 (2009–2024) KS 6 (2020–2025) ND 6 (2000–2018) TX 4 (1984–2012) GA 3 (1985–1998) KY 2 (2024–2024) MO 2 (1993–1993) WI 2 (1978–1988) ID 2 (2014–2014) NY 2 (2013–2016) MA 2 (1983–2011) LA 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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